GM.tv, MoneySavingExpert.com Breached Ad Rules With Web Links

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GM.tv, MoneySavingExpert.com Breached Ad Rules With Web Links

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Ofcom has ruled a tie-up between ITV’s GMTV With Lorraine show and consumer advocate Martin Lewis promoted Lewis’ own MoneySavingExpert.com site in breach of rule 10.3 of its Broadcasting Code.

The regulator had heard a complaint from a viewer about a segment in the show, Deals Of The Week, in which Lewis gave viewers tips on consumer deals, including gym memberships and restaurant bookings.

Lewis had said on camera that vouchers for the deals were available “all on GM.TV”. But Ofcom says viewers, to get full details, had to click through to Lewis’ own MoneySavingExpert.com, which has become amongst the UK’s most popular leading pro-consumer sites and forums…

The viewer had claimed MoneySavingExpert.com is a “sales business” and therefore stood to gain from the hyperlinks which followed the on-air references.

According to Ofcom’s adjudication…

“GMTV believed that to suggest the ‘thrust’ of the item was to direct viewers to gm.tv and ultimately moneysavingexpert.com was inaccurate and disingenuous ... GMTV also expressed concern that, should a web reference of the sort at issue be judged to amount to a breach of the Code, this would eliminate a source of information which GMTV believes is of great value to, and greatly valued by, its viewers.

“GMTV believed that the logical conclusion of such a finding of a breach of Rule 10.3 in this case would appear to prevent GMTV listing stockists or providers of goods or services online.”

GMTV had also countered that MoneySavingExpert.com is only a sales business insofar as it takes banner ads: “GMTV submitted that if it was the case that this website required a subscription, there would be no link or reference to it on gm.tv.”

Ofcom accepted that GMTV was editorially justified to give information about reviewed products on its own website, but…

“The GMTV website did not provide viewers with direct access to the vouchers. Instead viewers who accessed the programme website to obtain the vouchers in fact had to follow a further weblink to a third party website - the guest’s own business, moneysavingexpert.com - to find the necessary links to access the vouchers.”

Ofcom said that, whilst MoneySavingExpert.com does not sell subscriptions, it is a commercial business and according to the site itself: “The income comes from links that generate revenue when clicked.” It concluded: “The programme was effectively promoting his business.” No sanction was imposed.

Robert Andrews

@robertandrews Mar 22, 2010 8:17 AM ET

Posted In: Advertising, Legal, Regulatory, Ofcom

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Justin Walton

Nice concise run-down of the story. Regarding what it means for business, I think it means the same thing that annoying Time magazine cover tried to convey - the consumer, or in this case, community, is in control. The fact is they always have been. Only now more people realize it and they have the tools to network and share opinions on a whole new, almost instantaneous level.

Terry Heaton

Nice piece, Staci.

What I find most fascinating here is the automatic assumption that chaos is evil. This is a purely modernist perspective, but life itself proves it to be false. Moreover, as JBreed points out, with any form of internal governor—especially if it is dedicated to self-preservation—people will generally obey cultural rules.

The essential problem with all modernist dogma is the insistence that without a strong external governor (usually belonging to the haves), we'll sink to the Lord of the Flies level. The revolution that's underway in the communications world is arming the mob with the power of information, so I just don't buy the argument that we're all hell bound without "control."

And you also have to consider the significance of what was driving the mob at DIGG. Was it the HD-DVD hack or being told they couldn't share the hack?

There is much that can be said about the copyright cartel and how it has stifled creativity in the name of the almighty dollar—and the slight-of-hand evident in publicly stating "it's about the artist" when it's really about stuffing the profit pockets of those who control what you and I watch and listen to.

But I'll leave that to others.

Thanks again for your great work. Tell Rafat I said hello.

Terry

JBreed

It seems to boil down to expectations and transparency. Set the expectations up front (ie. nothing illegal will stay, no threats, etc.) and maintain transparency on what you're doing and why. This same "mob" obeys stop signs, drives on the right side of the road…...

eBusiness

This is just the first of many such incidents that will plague Digg and eventually destroy it. In all media there must be some editorial constraint or chaos will ensue (see: Wikipedia & YouTube), but if you build a business where your customers expect no editorial control whatsoever expect that business to eventually fail.